Andeler: The Power of Choice

We have two separate documents containing our Terms of Service.

If you are a residential customer, please view our Residential Terms of Service. You can also download a TOS document for viewing in Microsoft Word. If you are a commercial customer, please view our Commercial Terms of Service. You can also download a TOS document for viewing in Microsoft Word.

Residential Terms of Service

ANDELER CORPORATION
PUCT LICENSE #10049
TERMS OF SERVICE

The following are the Terms of Service for your Agreement with Andeler Corporation for the purchase of residential electric service. These terms are conditioned upon acceptance of you by Andeler Corporation and may change without further notice. Please retain the Terms of Service Agreement for your records.

Andeler Corporation is certified as a Retail Electric Provider by the Public Utility Commission of Texas (PUCT), certificate number 10049.

If you have selected Andeler as your electricity provider, the following Terms of Service apply:

INTERNET ADDRESS: www.andeler.com
MAILING ADDRESS: P.O. Box 67 Lubbock, TX 79408
TELEPHONE NUMBER: (806) 687-1728
FAX: (806) 687-1747
OFFICE HOURS OF OPERATION: 9:00 am CST - 5:00 pm CST (24 Hour Telephone Customer Service)

For customer service, please contact your Andeler service representative. Andeler will provide electric service to you at the service location designated by you under this Agreement.

As your Retail Electric Provider (REP), Andeler will arrange for the delivery of electricity from your Local Distribution Utility to your service location pursuant to the Terms of Service Agreement.

Term & Renewal:
Your service under this Agreement will begin on your meter reading date set by your Local Distribution Utility. Your service will continue on a month-to-month basis unless a longer term has been specified on your Term Sheet. After the expiration of your term, your service shall continue on a month-to-month basis until terminated either by you or Andeler. Upon renewal the monthly service charge and the electricity charge may change from month to month.

Pricing:
Andeler's electric rates are based on viable floating prices. This rate includes a charge for Transmission & Distribution Service Provider (TDSP) charges for the delivery of electricity. Andeler shall bill you any non-recurring fees charged by Andeler or the TDSP and you will also be assessed a fixed monthly service charge by the company. The electricity price may be adjusted on a monthly basis as prices may vary depending on the cost of fuel used to generate the electricity.

Your electricity service charges may be calculated as follows: cost per kWh x total kWh consumed + base charge + applicable taxes. Your price per kWh may change, but not more than once per billing cycle. The electricity price, any non recurring Local Distribution Utility charges, base charge, taxes and any additional charges will appear as separate items on your bill.

There is no charge for electronic formatted bills or electronic payment. You shall be entitled to request one time per year copies of your billing records and any additional requests shall result in a fee of $5.00 per bill period requested. If you reside in an apartment complex or other multi-family dwelling, Andeler may assess you a one time $15.00 administrative fee.

For new residential customers, Andeler requires a deposit or additional deposits, which sum shall not exceed an amount greater of either: the sum of the estimated billings for the next two months; or one sixth of the estimated annual billing

Deposits held more than 30 days will accrue interest from the date of receipt at the annual rate established by the PUCT. Accrued interest will be applied annually to your account. Upon termination of service, Andeler will apply the deposit plus accrued interest against your outstanding balance on your final bill.

Payments:
You will receive a single bill each month from Andeler. All bills are due and payable 16 days after we send them to you. Bills shall be deemed past due and delinquent at the close of business on the day the bill is due. Late payments, delinquent or past due balances will result in a penalty equal to 5% of the month's past due amount. A $25 insufficient funds fee per transaction shall be assessed against any transaction not processed due to insufficient funds or credit availability for any method of payment including checks, bank drafts or credit card transactions. In some instances, Andeler may bill customer an estimated bill for the first month of services only.

You are responsible for all applicable federal, state and local taxes and charges. If you are tax exempt, it is your responsibility to provide us with the necessary tax exemption certificate. Non-payment of your Andeler bill may result in the above listed late payments as well as termination of your Andeler service and the transfer of your service to the Provider of Last Resort in your service area. Andeler will notify you 10 calendar days prior to termination of this Agreement for non-payment.

If you have special needs that require you to be dependent on electrical equipment or powered medical equipment it is your responsibility to advise our customer care department in writing upon application for service.

Andeler reserves the right to include in any subsequent bill, adjustments related to previous billings, previous billing errors, meter read errors, miscalculation of taxes or other errors or omissions.

Dispute or Complaints:
Please contact us if you have specific comments, questions, complaints or bill questions. Our friendly, knowledgeable customer care advocates are trained to research and resolve any customer inquiry you may have. We will do everything we can to make sure your problem is handled and you are pleased with our service. You may also contact the Public Utility Commission of Texas. Please refer to "Your Rights as a Customer" for more information.

Credit Requirement:
Andeler reserves the right to conduct a credit history on you prior to offering service and to refuse service to anyone who does not meet the Company's credit standards or if you cannot demonstrate satisfactory credit, Andeler may refuse to serve you or you may be required to pay a deposit.

Andeler may refuse to provide service to a customer for one or more of the reasons specified in Section 25.477 of the PUCT rules and regulations.

Andeler may cancel this Agreement without prior written notice for any of the reasons stated in Section 25.483 of the PUCT rules and regulations. Andeler may terminate this Agreement without penalty in response to changing market conditions.

Bill Payment Assistance:
An energy assistance program is available to customers who have severe financial hardships and temporarily may be unable to pay their bills. The program is funded in part by contributions from Andeler customers. Please call us for additional information.

Discrimination:
Andeler does not discriminate, deny service, or require a prepayment or deposit for service based on a customer's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services.

Material Change:
Andeler will provide you with 45 calendar days advance written notice of any material change in the Terms of Service, either in your bill or in a separate mailing. The changes will become effective on the date stated in the notice unless you cancel your Agreement. You may cancel your Agreement no later than 10 calendar days before the effective date of the material change.

Customer Information:
By entering into this Agreement, your Local Distribution Utility may release to us certain information that we need to provide you with service, including your address, phone number, account numbers, and historical usage information.

Force Majeure:
We will endeavor in a commercially reasonable manner to provide service, but we do not guarantee a continuous supply of electrical energy. Events that are out of our control ("force majeure" events) may result in interruptions in service. We will not be liable for any such interruptions. We do not generate your electricity, nor do we transmit or distribute electricity to you. Therefore, you agree that we are not liable for damages caused by events of force majeure, including acts of God, acts of any governmental authority, including the Public Utility Commission of Texas or the Electric Reliability Council of Texas (ERCOT), accidents strikes, labor trouble, required maintenance work, inability to access the Local Distribution Utility system, nonperformance of the Local Distribution Utility, delay of deregulation or changes in laws, rules, regulations, practices or procedures of any governmental authority or ERCOT, or any cause beyond our control.

Limitations of Liability:
Liabilities not excused by reason or force majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the other for consequential, incidental, punitive, exemplary or indirect damages. Lost profits or penalties of any nature are hereby waived; these limitations apply without regard to the cause of any liability or damage. There are no third party beneficiaries to this agreement.

Representations and Warranties:
The electricity sold under this Agreement will meet the applicable Local Distribution Utility's quality standards and will be supplied from a variety of sources. Andeler makes no representations or warranties other than those expressly set forth in this agreement, and Andeler expressly disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

Assignment:
You may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Andeler. Andeler may, without your consent; (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (b) transfer or assign this Agreement to an affiliate of Andeler; (c) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Andeler; and/or (d) transfer or assign this Agreement to a certified REP. In the case of (b), (c) or (d) any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon any such assignment, Customer agrees that Andeler shall have no further obligations hereunder.

Excuse:
If an event occurs which makes it impossible for Andeler to perform under this Agreement, such as an act of God, extraordinary weather occurrence, war, civil disturbance or other national emergency, our performance under this Agreement shall be excused for the duration of such event. This could be an event affecting Reliant, TXU or your Local Distribution Utility, such as a facility outage on their electric distribution lines.

Governing Law:
This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the State of Texas. The provisions of the Uniform Commercial Code ("UCC") shall apply to this Agreement and electricity shall be a "good" for purposes of the UCC.

Commercial Terms of Service

ANDELER CORPORATION CORP.
PUCT LICENSE #10049
TERMS OF SERVICE / FACT LABEL / CUSTOMER RIGHTS

NON INTERVAL WITH PEAK DEMAND LESS THAN 50kw
VERSION: COMM01

Thank you for considering Andeler Corporation for your electricity today. The following are the Terms of Service for your Agreement with Andeler Corporation for the purchase of non-residential electric service. You may print the Terms of Service, or you may request a printed version. Please retain the Terms of Service Agreement for your records.

Andeler Corporation is certified as a Retail Electric Provider by the Public Utility Commission of Texas (PUCT), certificate number 10049.

If you have selected Andeler Corporation as your electricity provider, the following Terms of Service apply:

MAILING ADDRESS: P.O. Box 67, Lubbock, Texas 79408
TELEPHONE NUMBER: (806) 687-1728
TOLL FREE CUSTOMER SERVICE: (866) 808-8839
FAX: (806) 687-1747
OFFICE HOURS OF OPERATION: 8:00 am CST - 5:00 pm CST

For customer service, please contact your Andeler Corporation service representative. Andeler Corporation will provide electric service to you at the service location designated by you under this Agreement.

As your Retail Electric Provider (REP), Andeler Corporation will arrange for the delivery of electricity from your Local Distribution Utility to your service location pursuant to the Terms of Service Agreement.

Cancellation Rights:
You have the right to cancel your service request with Andeler Corporation without any exit fee or penalty of any kind within three (3) federal business days of receiving this Terms of Service document. To cancel this Agreement, you may call our toll free number or fax us. Cancellation for any other reason is also without penalty, however, if you request an early meter read, you will be charged a fee set by the Local Distribution Utility.

Regardless of the method or reason for cancellation of the Agreement, you are responsible for the payment of all outstanding charges.

Electricity Pricing:
Andeler Corporation's initial rate for non-residential customers in the Reliant/HL&P or TXU/Oncor service territory is $0.06 per kWh. This rate is for electric service only and does not include any Local Distribution Utility charges for the delivery of electricity. This price is based upon an estimate of customer's usage and may be adjusted on a monthly basis as prices may vary depending on the cost of fuel used to generate the energy and changing market conditions. You will also be assessed a base charge of $ 9.95 per month.

Local Distribution Utility Charges:
Andeler will bill you for all nonbypassable charges from your Local Distribution Utility for the delivery of the electricity plus any non-recurring fees charged by the Local Distribution Utility for customer-specific services.

Your electricity service charges may be calculated as follows: cost per kWh x total kWh consumed + Local Distribution Utility charges and fees + base charge + applicable taxes. Your price per kWh may change, but not more than once per billing cycle. The electricity price, Local Distribution Utility charges, base charge, taxes and any additional charges will appear as separate items on your bill.

You shall be entitled to request one time per year copies of your billing records and any additional requests shall result in a fee of $5.00 per bill period requested.

Depending on your credit, Andeler Corporation may require a deposit which sum shall not exceed an amount greater of either:

Payments:
You will receive a single bill each month from Andeler Corporation. All bills are due and payable 16 days after we send them to you. Bills shall be deemed past due and delinquent at the close of business on the day the bill is due. Late payments, delinquent or past due balances will result in a penalty equal to 5% of the month's past due amount. A $25 insufficient funds fee per transaction shall be assessed against any transaction not processed due to insufficient funds or credit availability for any method of payment including checks, bank drafts or credit card transactions. In some instances, Andeler may bill customer an estimated bill for the first month of services only.

You are responsible for all applicable federal, state and local taxes and charges. If you are tax exempt, it is your responsibility to provide us with the necessary tax exemption certificate. Non-payment of your Andeler Corporation bill may result in the above listed late payments as well as termination of your Andeler Corporation service and the transfer of your service to the Provider of Last Resort in your service area. Andeler Corporation will notify you 10 calendar days prior to termination of this Agreement for non-payment.

If you have special service requirements involving dependency on electrical equipment or powered medical equipment it is your responsibility to advise our customer care department in writing upon application for service.

Andeler Corporation reserves the right to include in any subsequent bill, adjustments related to previous billings, previous billing errors, meter read errors, miscalculation of taxes or other errors or omissions.

Credit Requirement:
Andeler reserves the right to conduct a credit history on you prior to offering service and to refuse service to anyone who does not meet the Company's credit standards or if you cannot demonstrate satisfactory credit, Andeler Corporation may refuse to serve you or you may be required to pay a deposit.

Andeler Corporation may refuse to provide service to a customer for one or more of the reasons specified in Section 25.477 of the PUCT rules and regulations.

Andeler Corporation may cancel this Agreement without prior written notice for any of the reasons stated in Section 25.483 of the PUCT rules and regulations. Andeler Corporation may terminate this Agreement without penalty in response to changing market conditions.

Discrimination:
Andeler Corporation does not discriminate, deny service, or require a prepayment or deposit for service based on a customer's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services.

Material Change:
Andeler Corporation will provide you with 45 calendar days advance written notice of any material change in the Terms of Service, either in your bill or in a separate mailing. The changes will become effective on the date stated in the notice unless you cancel your Agreement. You may cancel your Agreement no later than 10 calendar days before the effective date of the material change.

Representations and Warranties:
The electricity sold under this Agreement will meet the applicable Local Distribution Utility's quality standards and will be supplied from a variety of sources. Andeler Corporation makes no representations or warranties other than those expressly set forth in this agreement, and Andeler Corporation expressly disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

Assignment:
You may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Andeler Corporation. Andeler Corporation may, without your consent; (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (b) transfer or assign this Agreement to an affiliate of Andeler Corporation; (c) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Andeler Corporation; and/or (d) transfer or assign this Agreement to a certified REP. In the case of (b), (c) or (d) any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon any such assignment, Customer agrees that Andeler Corporation shall have no further obligations hereunder.

Excuse:
If an event occurs which makes it impossible for Andeler Corporation to perform under this Agreement, such as an act of God, extraordinary weather occurrence, war, civil disturbance or other national emergency, our performance under this Agreement shall be excused for the duration of such event. This could be an event affecting Reliant, TXU or your Local Distribution Utility, such as a facility outage on their electric distribution lines.

ANDELER CORPORATION CORP.
PUCT LICENSE #10049
YOUR RIGHTS AS A CUSTOMER

Andeler Corporation provides electricity service without discrimination as to a customer's race, nationality, color, religion, sex or marital status.

As a retail customer in the State of Texas, you are entitled to the following Customer Protection Rights pursuant to the Rules of the Public Utility Commission of Texas (PUCT). These Rights apply to all residential and small commercial customers served by Andeler Corporation as a certified Retail Electric Provider (REP) in Texas. A complete copy of the PUCT's Customer Protection rules is available on the PUCT's Web site at www.puc.state.tx.us/rules/subrules/electric.

Outage Reporting:
In the event of an outage in your area please call your local Distribution Utility:
1. Texas Utilities (TXU) (888) 313-4747
2. Reliant (HL&P) (800) 332-7143 or (713) 207-7777

Andeler Corporation is not liable for any service interruptions or outages and any questions relating to your electric rates, distribution lines or meters should be directed to your Local Distribution Utility.

Non-English:
Andeler Corporation will provide upon request information in Spanish.

Billing Questions or Problems:
If you feel your bill is incorrect, please contact a Andeler Corporation representative at our toll free number and a representative will work with you to resolve any billing disputes. If you are not satisfied with our attempt to resolve the problem, you may file a complaint with our company and request a supervisor to conduct a full review. If we fail to resolve your dispute, it is your right to file a complaint with the PUCT:

Public Utility Commission of Texas
Customer Protection Division
PO Box 13326
Austin, Texas 78711-3326
(512) 936-7120 or (888) 782-8477
Fax (512) 936-7003
TTY (512) 936-7136

Meter Reading:
If you prefer to read your own meter, please contact the Local Distribution Utility in your area. For instructions on how to read your meter, please call Andeler Corporation.

Meter Problems & Testing:
If you feel that your meter is not operating correctly, please contact Andeler Corporation to request a meter test. You have the right to request a meter test once every four years at no cost to you. If you request your meter to be tested more than once every four years, and the meter is determined to be functioning correctly, then you may be charged a fee for the additional meter test(s) pursuant to the tariffs for your electric utility.

Cancellation of Service:
You have the right to cancel this Agreement with Andeler Corporation without penalty or fee of any kind within three (3) federal business days after you receive your Terms of Service Agreement.

You may cancel this Agreement with Andeler Corporation without penalty in the event you move to another location or Andeler Corporation notifies you of a material change to the Terms of Service Agreement. In the event of cancellation, if you request a specific date to switch your service other than your next meter read date, you may incur a cost for this switch.

Service Protections:
Andeler Corporation will not terminate a customer's service for (1) delinquency of payment by a previous occupant, (2) failure to pay charges not related to electric service, (3) failure to pay for a different class of electric service, (4) failure to pay an under billing, other than for theft of service, more than 6 months old, (5) failure to pay for a disputed charge until a determination as to the accuracy is made, (6) failure to pay an under billing due to faulty metering, unless there has been meter tampering, or (7) failure to pay certain estimated bills. Nor will we terminate a customer's service for nonpayment during an extreme weather emergency, on holidays or weekends, except on request. No REP will abandon a customer without advance written notice, or when an energy assistance provider is forwarding payment for a delinquent account. Disconnection of service by the Provider of Last Resort (POLR) is subject to similar restrictions.

All bills are due and payable 16 days after it is sent to you. If we do not receive your payment within the 16 days, we will mail a notice reminding you that we need to have your payment within ten (10) days or we will terminate your service. If no other Retail Electric Provider extends service to you, service shall be offered by the Provider of Last Resort (POLR).

Anti-Slamming:
Slamming is unlawful. Slamming occurs when your Retail Electric Provider is changed without your authorization. If you believe your electric service provider has been switched without your authorization, you can discuss this matter with your REP or you may file a complaint with the PUCT at the address provided above.

If you do not wish to receive telemarketing calls from REP's, you may contact the PUC to have your name added on the statewide "Do Not Call List." Contact the PUCT to obtain information regarding the "Do Not Call List."

Deferred Payments:
A deferred payment plan is available to customers who have been under billed, or who are unable to make timely payment during an extreme weather emergency.

Privacy Rights:
Andeler Corporation will not release proprietary customer information except as authorized under the law. The PUCT has authorized release of proprietary customer information to law enforcement agencies, energy assistance agencies, collection and credit reporting agencies, utilities and the PUCT.

POLR Service:
Beginning January 1, 2002, a Provider of Last Resort (POLR) will be available to offer continuity of service to any customer who cannot be served by a REP or who chooses not to be served by a REP.